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Full-Text Articles in Law
Online Auction House Liability For The Sale Of Trademark Infringing Products, Allison N. Ziegler
Online Auction House Liability For The Sale Of Trademark Infringing Products, Allison N. Ziegler
Marquette Intellectual Property Law Review
With the rise of the Internet, trademark owners have seen an increase in online trademark infringement. This Comment examines online auction house liability for the sale of trademark infringing products and the methodology used by courts in making this determination. The author outlines contributory trademark jurisprudence in the United States and France and the application of this jurisprudence in Tiffany v. EBay and LVMH v. EBay, respectively. The article then evaluates the implications of the two approaches to determine which approach is more practical and effective. The author concludes that online auction houses should not be liable for trademark infringement …
Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman
Utilitarian Information Works - Is Originality The Proper Lens?, Dana Beldiman
Marquette Intellectual Property Law Review
As the information society advances, vastly increased numbers of utilitarian information works (UIW) are being produced. In general, these works are deemed protected by copyright law, even though the philosophical underpinnings of copyright law clash with the attributes of UIW. This Article examines the cause for the uneasy relationship between UIW and the concept of originality. Part I discusses the role of information and UIW as one of the core wealth-producing assets of the knowledge-based economy. This economy is characterized by a rapid pace of innovation, which in turn, requires unrestricted access to information. Part II examines copyright law as …
Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law, Cesar Ramirez-Montes
Emerging Scholars Series: A Re-Examination Of The Original Foundations Of Anglo-American Trademark Law, Cesar Ramirez-Montes
Marquette Intellectual Property Law Review
Contemporary accounts of the normative basis of Anglo-American trademark law frequently describe the purpose of the legal doctrine as having developed to protect primarily the consumers from being misled. Recently, some commentators have offered a different account of the law, as having developed to protect mainly the interests of the traders in not having their trade diverted. Under this account, early trademark law served one master only, the producer, with any additional benefit or protection to consumers being unintended. In this Article, the Author challenges both accounts and suggest that early trademark law was not driven by any judicial desire …
Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble
Emerging Scholars Series: Cross-Border Injunctions In U.S. Patent Cases And Their Enforcement Abroad, Marketa Trimble
Marquette Intellectual Property Law Review
Injunctions enforcing a patentee's right to exclude provide an incentive to invent; however, injunctions are only effective if they can be enforced. Enforcing an injunction becomes problematic when other jurisdictions are involved, yet plaintiffs request such injunctions despite the potential inherent difficulties of cross-border enforcement. The author empirically analyzes the number and types of cross-border injunctions issued in the United States against foreign entities by discussing methods of enforcing injunctions abroad and the difficulties inherent in those methods. Comparing cases of cross-border injunctions issued by European courts, the author reviews the controversial pan-European injunction that covers not only the territory …
Geographical Indications: A Discussion On The Trips Regulation After The Ministerial Conference Of Hong Kong, Stefania Fusco
Geographical Indications: A Discussion On The Trips Regulation After The Ministerial Conference Of Hong Kong, Stefania Fusco
Marquette Intellectual Property Law Review
Despite the strides the TRIPs Agreement made to protect Geographical Indications (GIs), considerable debate persists on how to further TRIPs' goals in that area. First, while some countries ally themselves with the European Union on maintaining a multilateral register for GIs, others follow the United States' preference for a voluntary database. Controversy also surrounds whether to extend the more expansive protections on wines and spirits to other products. Finally, the European Union has launched a staunchly opposed campaign to recover the exclusive use of a number of GIs, including many that have become generic names for their associated products. This …
Antitrust Liability For Refusal To License Intellectual Property: A Comparative Analysis And The International Setting, Rita Coco
Marquette Intellectual Property Law Review
Antitrust and IP law both share the goals of promoting innovation and benefiting consumers. A potential for conflict exists, however, when a dominant firm's refusal to license IP rights affects the dynamics of competition. Antitrust intervention in IP rights can reduce incentives to invest, whereas a failure to allow anticompetitive behavior can harm consumers and competitors while reducing the efficiency of the economic system. The author reviews the European and United States approaches to monopolization claims involving IP rights. The European approach is limited by the mismatch between national enforcement of IP rights and community enforcement of antitrust law. The …
Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler
Wagging The Dog? Reconsidering Antitrust-Based Regulation Of Ip-Licensing, Gosta Schindler
Marquette Intellectual Property Law Review
This Article criticizes the institutional setup in which the antitrust policies regarding IP exploitation are designed and enforced. The author compares how IP licensing is scrutinized by antitrust regimes in the European Union and the United States. The result of that comparison leads to the conclusion that any attempted resolution of the IP-Antitrust dilemma will remain inadequate as long as it is antitrust-based, that is, regulated by antitrust laws or guidelines designed by antitrust-agencies. The author argues that antitrust concerns can and should be accounted for through proper construction and application of the IP laws themselves. The article suggests a …
Creating Consumer Confidence Or Confusion? The Role Of Product Certification In The Market Today, Mark R. Barron
Creating Consumer Confidence Or Confusion? The Role Of Product Certification In The Market Today, Mark R. Barron
Marquette Intellectual Property Law Review
Product conformity assessment system changes in various countries have impacted the role of certification marks. The author explores whether the perceived value of product certification marks can sustain their high costs. The author further emphasizes the need, from both economic and legal perspectives, for manufacturers to implement global compliance strategies to ensure compliance with applicable regulations, selection of proper certification marks, and an efficient path through the conformity assessment process.
Accepting Exceptions?: A Comparative Approach To Experimental Use In U.S. And German Patent Law, Peter Ruess
Accepting Exceptions?: A Comparative Approach To Experimental Use In U.S. And German Patent Law, Peter Ruess
Marquette Intellectual Property Law Review
Experimental use is a keystone of research and innovation for some and obstacle in using a patent for others. In a genuine international field such as patent law, monitoring recent developments is best done in a comparative way. Particularly, the decision Merck v. Integra of the US Supreme Court and the new EU law, give reason to explore this field in more detail.
Will The United States Take The Plunge Into Global Patent Law Harmonization? A Discussion Of The United States' Past, Present, And Future Harmonization Efforts., Anneliese M. Seifert
Will The United States Take The Plunge Into Global Patent Law Harmonization? A Discussion Of The United States' Past, Present, And Future Harmonization Efforts., Anneliese M. Seifert
Marquette Intellectual Property Law Review
Ms. Seifert discusses the factors that shape harmonization of a global patent law system. She touches on how the philosophical differences of the United States, Japanese, and European patent systems have created difficulty in establishing a cohesive patent law system. The author then discusses international harmonization efforts such as WIPO and TRIPs and national patent law changes, such as the eighteen-month publication period created under the American Inventors Protection Act. In conclusion, the author discusses the future of patent harmonization, suggesting the need for a global, uniform method of patent interpretation for meaningful harmonization.